Sports Litigation Alert sought out the opinion of a few other experts, who on short notice gave us their thoughts on the NCAA’s allegation that EA Sports and CLC failed to protect it in settlement talks over the alleged use of athletes’ likenesses in video games.
Rick Karcher, Professor at Florida Coastal School of Law
“Apparently the NCAA does not have a contractual right to indemnification from EA Sports or CLC, and the NCAA’s suit against them looks like a back door attempt to obtain one. Against CLC, the NCAA must demonstrate that the scope of its agency relationship with CLC encompasses the NCAA’s right to approve settlements of lawsuits filed against them, which will probably be difficult to establish absent a written agreement. The problem for the NCAA is that it is rather late in the game to just now object to what its contracting parties have been doing with player likenesses for the past several years and the NCAA’s timing is not likely to draw much sympathy from any court.”
Christian Dennie, Barlow Garsek & Simon, LLP
“The suit attempts to bring EA and CLC back into the discussion. The NCAA’s position raises some interesting questions for EA and CLC and, specifically, whether EA and/or CLC will have to indemnify the NCAA for any potential losses. This allows the NCAA to have a target if the O’Bannon litigation turns out unfavorably to the NCAA’s position.”
